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Thu Feb 20, 2020, 09:46 AM

Ohio man says law banning use of firearm when drunk is unconstitutional

An Ohio law that bans carrying or using a firearm while intoxicated may be unconstitutional, according to a Clermont County man convicted for violating the statute.

Frederick Weber, 50, of Felicity, approximately 35 miles southeast of Cincinnati, is appealing the law’s constitutionality to the Ohio Supreme Court next week. He says the law violates his Second Amendment rights.

Weber’s wife called 911 on Feb. 17, 2018, saying he was drunk and had a firearm, according to police records. She then requested a cancel on the call and advised that Weber put the firearm away.

Police arrived and asked to be escorted inside, records state. They saw Weber holding a shotgun by the stock with the barrel pointed down.

An officer immediately gave Weber orders to drop the firearm and he complied, according to police records.

“It’s not loaded,” Weber said.

(snip)

According to the release, Weber argues that the state has no compelling interest to prevent the possession of firearms in the home after someone consumes alcohol. He says the law violated his constitutional right to bear arms in his home, and stressed that the shotgun was unloaded and he wasn’t carrying or using it when police arrived the day his wife called 911.

The city of Cincinnati has submitted an amicus brief in support of upholding the law, pointing out the dangers of mixing alcohol and guns. The release states two national centers that work to prevent gun violence and the cities of Akron, Columbus, Dayton, Lima and Toledo have also filed briefs requesting the law be upheld.

The Clermont County prosecutor also stresses the dangers of mixing alcohol and guns, and says the dangers are the same regardless of whether someone is drunk and handling a firearm inside or outside their home. The release states the law doesn’t prohibit the possession of firearms when drunk, but instead bars carrying or using firearms while intoxicated.

More
https://www.dispatch.com/news/20200220/is-handling-gun-when-drunk-constitutional-right-ohio-man-challenges-state-law-banning-firearm-use-while-intoxicated

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Reply Ohio man says law banning use of firearm when drunk is unconstitutional (Original post)
Ohiogal Feb 20 OP
Jim__ Feb 20 #1
CaptYossarian Feb 20 #2
safeinOhio Feb 20 #3
abqtommy Feb 20 #4
JesterCS Feb 22 #5

Response to Ohiogal (Original post)

Thu Feb 20, 2020, 10:04 AM

1. The law undoubtedly infringes on his right to be a drunken fool. - n/t

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Response to Ohiogal (Original post)

Thu Feb 20, 2020, 10:16 AM

2. Even if he somehow wins, he was emotionally abusing his wife by

being a threat to her. Why else would she call the police? There should be some kind of charges presented here.

And if she doesn't file charges, he was still holding the shotgun in police presence. They could charge him.

If he were a non-white, the matter would have been "dealt with" immediately.

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Response to Ohiogal (Original post)

Thu Feb 20, 2020, 11:07 AM

3. Well dang, it's right there in the 2nd...

A well regulated militia....but, but, but.....

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Response to Ohiogal (Original post)

Thu Feb 20, 2020, 11:22 AM

4. Is Frederick a professor at the tRUMP/lowBarr school of law? asking for a friend

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Response to Ohiogal (Original post)

Sat Feb 22, 2020, 07:37 AM

5. Ugh Clermont county

A very red rural-ish county

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